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2015/04/29 Council Agenda Packet
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2015/04/29 Council Agenda Packet
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Council Agenda Packet
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4/29/2015
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12.5.Any notices, reports or other communications required or permitted to be given under this Agreement shall be in writing and shall be delivered by hand or sent by <br /> registered mail,courier or facsimile,delivered in electronic form in accordance with Section 12.8 herein. <br /> 12.6.Neither party shall assign or transfer this Agreement without the prior written consent of the other party,which consent will not be unreasonably withheld,conditioned or <br /> delayed.This Agreement shall be binding upon the parties hereto and their respective lawful successors and permitted assigns. <br /> 12.7.Any provision of this Agreement which expressly states that it is to continue in effect after termination or expiration of this Agreement,or which by its nature would survive <br /> the termination or expiration of this Agreement,shall do so. <br /> 12.8.You acknowledge and agree that by clicking on the"I AGREE"button (or similar buttons or links as may be designated by Magnet Forensics to show your acceptance of <br /> this Agreement and/or your agreement to download and install the Software),you are entering into a legally binding contract.You hereby agree to the use of electronic <br /> communication in order to enter into contracts,place orders and create other records and to the electronic delivery of notices,policies and records of transactions initiated or <br /> completed through the Software.Furthermore,you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non- <br /> electronic)signature or delivery or retention of non-electronic records,to the extent permitted under applicable mandatory law.A printed version of this Agreement and of any <br /> notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the <br /> same conditions as other business documents and records originally generated and maintained in printed form. <br /> 12.9. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including,but not limited to,the warranty disclaimers and liability <br /> limitations set forth above,then the invalid or unenforceable provision will be deemed superseded by a valid,enforceable provision that most closely matches the intent of the <br /> original provision and the remainder of this Agreement shall continue in full force and effect. <br /> 12.10. It is the express will of the parties that this Agreement and all related documents have been drawn up in English.C'est la volonte expresse des parties que la presente <br /> convention ainsi que les documents qui s'y rattachent soient rediges en anglais. <br /> 412.11. If you are residing in a jurisdiction which restricts the use of internet-based applications according to age,or which restricts the ability to enter into agreements such as <br /> this Agreement according to age and you are under such a jurisdiction and under such age limit,you may not enter into this Agreement and download,install or use the <br /> Software.Furthermore,if you are residing in a jurisdiction where it is forbidden by law to offer or use software for internet communication,you may not enter into this <br /> Agreement and you may not download,install or use the Software.By entering into this Agreement you explicitly state that you have verified in your own jurisdiction if your <br /> use of the Software is allowed. <br /> '12.12.Magnet Forensics reserves the right to make announcements,press releases, publications,presentations and other public statements that reference your identity as a <br /> customer,without your prior written approval,provided that Magnet Forensics does not disclose your confidential information in the course of such publicity or misrepresent <br /> your relationship with Magnet Forensics. <br /> 13.Contact <br /> 13.1. If you have any questions regarding this Agreement,or if you have any questions, complaints,claims or other legal concerns relating to Magnet Forensics or its <br /> business, please contact Magnet Forensics at: <br /> Magnet Forensics Inc. <br /> 22 King Street South—Suite 502 <br /> Waterloo,Ontario <br /> N2J 1N8 <br /> Canada <br /> Phone:519-342-0195 <br /> Email:legal@magnetforensics.com <br />
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